[151] In Kenya, Githua, J. succinctly stated the rationale for this higher standard of proof in the case of Sarah Mwangudza Kai v. Mustafa Idd & 2 Others72− “[29]...it is important for this court to address its mind to the burden and standard of proof required in election petitions. This is because election petitions are not like ordinary civil suits. They are unique in many ways. Besides the fact that they are governed by a special code of electoral laws, they concern disputes which revolve around the conduct of elections in which voters exercise their political rights enshrined under Article 38 of the Constitution. This means that electoral disputes involve not only the parties to the Petition but also the electorate in the electoral area concerned. It is therefore obvious that they are matters of great public importance and the public interest in their resolution cannot be overemphasized. And because of this peculiar nature of election petitions, the law requires that they be proved on a higher standard of proof than the one required to prove ordinary civil cases.” [152] We maintain that, in electoral disputes, the standard of proof remains higher than the balance of probabilities but lower than beyond reasonable doubt and where allegations of criminal or quasi criminal nature are made, it is proof beyond reasonable doubt. Consequently, we dismiss the petitioners’ submissions that the Court should reconsider the now established legal principle, as discussed above, and find that the standard of proof in election petitions is on a balance of probabilities. [153] We recognize that some have criticized this higher standard of proof as unreasonable, however, as we have stated, electoral disputes are not 72 Sarah Mwangudza Kai v. Mustafa Idd & 2 Others Election Petition. No. 8 of 2013; [2013] eKLR.   Presidential  Petition  No.  1  of  2017                                                                                                                                                                                                            61  |  P a g e    

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